Motion-Secondary: JAMES RODAMER VS. A.W. CHESTERTON COMPANY et al

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                                JEFPREY A. KAISER, ESO. [SBN 160594] 2
MARTHA A. H, BERMAN, ESQ. [SBN 122212) ELECTRONICALLY
LEVIN SIMES KAISER & GORNICK LLP FILED
44 Monigomery Street, 36" Floor Superior Court of California,
San Francisen, CA 94104 County of San Francisco
, Telephone: (415) 646-7160 APR 06 2007
. 1 Pax: (415) 981-1270 GORDON PARK-LI, Clerk
BY: MAURA RAMIREZ
_Attomeys for PLAINTIFY Deputy Clerk

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAB FRANCISCO
(Unlimited Jurisdiction)

JAMES RODAMER AND NANCY } Case No. CGC 456569
RODAMER, )
} DECLARATION OF MARTHA A. H. BERMAN
Plaintiffs, } IM SUPPORT OF PLAINTIFFS’ OPPOSITION
) TO DEFENDANT GARDNER DENVER, INC'S
VS. MOTION FOR SUMMARY JUDGMENTAND

REQUEST FOR CONTINUARCE PURSUANT

A.W. CHESTERTON CO., et al. TO CCP § 437e(h)

Delencanis. Date: Apri 13, 2007

Time, 8:304m.

Dept: 301
Jedve: Hon. Peter J. Busch

Meee” Nery en A Saget Engage? Sear”

Trial Bate: April 30, 2007

8 1, Martha ATT. Berman, declare:
/ Ll. Lam an attorney-at-law duly licensed to practice beforc the courts of the State of
|

a _ California and am associated with the law firm of Levin Simes Kaiser & Gornick LLP, attorneys of

| record in the above-entitled action. | make this declaration of my own knowledge and if called as a

23 4
| witness in this action ] could and would testify competently thereto.

>

2. Attached hereto as Exhibit “A” are true and correct capies of pertinent portions of
| Plaintiff Jim Rodamer’s deposition testimony.

7 3, Attached hereto as Exhibit “B” are true and correct copies of pertinent portions of the |

28 =} deposition tesiimony of Frank Gutterrez.4 Plaintiffs served Notices of Taking Depositions of Custodian of Records and Persoa

Most Knowledgeable on Defendant in March. Defendant filed a litany of | 1” plate objections.

The depositie

notices seek production of records and information relating to the

Gardner Denver's relationship to Joy compressors since Gardner Denver ‘s Securities and Exchange

10-K statement admits that Gardner Denver Inc. has assumed the assets and liabilities of the Gardner

Denver industrial Machinery Division which contained the Joy industrial compressor product line.
‘The notice also seeks information about the content, use and specification of materials in these

products, Defendant’s knowledge, its supply of these products to Raychem, its products, distribution

of its products, knowledge, the testing that Defendant performed on these products regarding fiber
release, svitness information, when its products ceased containing asbestos, substitutions for asbestos,
and other relevant information,

A true and correct copy of the PMK/COR deposition notice is attached hereto as Ex. C.

6. A true and correct copy of defendants’ objections to notices is attached hereto as Ex. D.

7. Counsel have been discussing the issue of producing someone for deposition and
continuing this motion until after the deposition. If this matter can not be resolved througa the meet
and confer process, Plaintiffs will be moving on April 11, 2007 to compel the depositions.

8. __Plaintifis have also served written discovery to which Defendant has not responded

9. This hearing for the motion for summary judgment should be continued to April 23,

2007, in order to allow Plaintiffs to receive the information requested or compel its production.

19. Attached hereto as Exhibit “E” is a true and correct copy of the Declaration of Barry
Hore, M.D.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this Declaration was executed April 6, 2007, ig San Franciscg, CA.
if } iy /
ALY [id J
WECAHE

Martha A. 1. Berman

Face 2 DRCLARATIGN’ OF HARTHA A.W BBRPANEXHIBIT ASTATE OF CALIFORNIA

IN THE SUPERIOR COURT OF 7!

*RANCISCO

IN AND FOR THE COUNTY OF SAN

~--000-~+

MES RODAMER and NANCY RODAMER,

ainkif

N COMPANY, et al.,

Defendants.

VIDEOTAPED DEPOSITION OF JAMES RODAMER
Volume I, Pages 1-287
Thursday, December 28, 2006

REPORTED BY:
GAIL C. HECK
CSR #5289

TOCKER & ANTZ
COURT REPCRTING & VIDEO SERVICES
350 SANSCME STREET, SUITE 700 |
SAN FRANCISCO, CALIFORNIA 94104 |
415.392.0650 |Pa:
EXAMINATION EDEX

ATION OF SAMI

EXAMINATION BY
MS. BERMAN 8
MS NELSON SS. 102, 105, 12
DAVIS 89,128

HAND HF

MR
MR, st
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ws.
MS
MR
MS.
MR

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STAM EY
MILANFAR
HLEO
HOANG
MR TAQLEDIIN
MR FLENTROY tot
MR. VLASAK 1
Mi SANDGREN 03
MR RUDD

ESSA, 164

19, 168

EXTERN)

NO EXHIBITS MARKED

220.

BE IT REMEMBERED that. pursuant to Notice of
‘Taking Deposition, and on Thursday. December 28, 2006
commencing al the hour of 10:20, atthe Residence tn,
5400 Farwell Place, Fremane. California, before me, GAIL
C. HECK, a Certified Shortvad Reporter in and forthe
State of California, personally appeared
JAMES RODAMER,
called asa witness by the Plainatls, and tke said
witness, being by me first duly sworn, was thereupon
examined and testified as hersinafter set forth
APPEARANCES
LEVDN, SIMES, KAISER & GORNICK, 44 Monigor
Surcot, 36t4 Fioor, San Francisco, California 94104,
represented by MARTHA A. BERMAN, Atlomey al Law,
anppeaeel ws counsel on Behe! uf Plait
BASSI, MARTINI, EDLIN & BLUM, 351 California
‘Street, Suite 200, San Francis, Catifornis 94104,
represented by GORDON MAY, Attorney at Law, appeaced
Lelephonically as counse! on behalf of the Defendant 1:3

‘Thorpe & Son, Inc.
BECHERER, KANNETT & SCHWEITZER, 2200 Powell,
Street, Suite 805, Emeryville, California 94608,

eptesented by SHAHRAD MILANFAR, Attorney at Law,
1s counsel on behalf of the Defendants International Pape
‘Company and Lydall, Inc.

Page 4

eet, 2000
hoor, San Francises, California 94105, represented by ROB.
RANE, Atorney al Law: sppeared as counsel on behal
che Defersdant Union Carbide Corporation and Faster
helen
CARROLL, BURDICK & MCDONOUGH, $4 Monrgornery |,

Street, Suite 400, San Francisoo, California 98564,
represented by JEFFREY THAYER, Auomey al Law, appeared
as counsel oa behalf of the Defendars Warren Psmps.

CROSBY & ROWELL, 299 Third Steet, 2nd Floor,
Oakland, California 94607, sepeesenicd by MARK,
HOWSKI, Attorney at La, appeared
saunse’ on behalf of Defendants Govids Pumps.
ASPY & GLASPY, 119 Pringle Avent, Suite 750,
te, California 98998, copersented hy NOLA
CHAVEY, Attomey at Lew, appeed on behalf the
Defendant Garlock Scativg Tachnolegies, LLC

GORDON & REES, 275 Baneey Steet, 2k Fioos,
San Francisea, California 84111, represented by BETHANY
HL ai Lave, eppoared as counse! on bela
the Defendant Goodysar Tire & Rubber Comper and Lestie
Contras

HAIGH, BROWN & BONESTREL, 100 Sash Seen, 2704
Fioor, San Francisco, Calitoria 94 104-3967, reprotented
6. LEANETTE FLENTROY, Adomey at Law. appeared 38

ephonieatly as

Auvorney

Page §

counsel on behalf of the Defendant Kentile Floors, tee,

HASSARD, BONNINGTON LLP, Two Ernbarcadeno Center,
Suite 1800, San Franciseo, California 94311, represented
by MARK DAVIS, Attamey at Law, appeared as counsel on
‘echalf ofthe Defendant Kaiser Gypsum Caumpany.

HOWARD, ROME, MARTIN & RIDLEY, 1775 Weodsice
Road, Suite 200, Redwood City, California 94061
represented hy KEN L. HOANG, Attomey at Law, sppeared a5
‘eounse! on behalf of the Defendant IMO Industries, tn.

IMAI, TADLOCK, KEENEY & CORDERY, 185 Berry
Stet, Suite 4309, San Francisco, California 94107
opresented hy TINA YIM, Attorney at Law, appested on
behalf of the Defencant Elliott Company

JACKSON & WALLACE, $5 Francisco Stret, Suite
600, Sas Francisva, Calsfornia 94133, represented by SCOTT
SHAFFER, Adorney at Law, appeared as counsel an behalf of
(he Defendant Buffalo Purses.

KIRKFATRICK, LOCKIIARY, NICHOLSON & GRAHAM, Sour!
Timharsaleee Can

ath Floor. Sen Francisco, California
94111, representell by STACEY LEE, Attomey af Law,
appeared as counsel on behalf ef Defendant Crane Co.
KNOX RICKSEN, 1360 Clay Street, Suite 500,
‘Oakland, California 94612, represented by RYAN VLASAK, I
Attomey at Law, appeared telephonically as course! on
bohalf of Defendant Allis-Chalmers Corporation Product

2 (Pages 2 to 5)Liabitity Trust. 4
LAW OFFICES OF LUCINDA STORM, S194 3rd Streot, a
Franciven, California 94107, represented by LYNN 3
HOLLENBECK, Atlomey at Las, appeared telephonically ‘
counsel om bekai€ sf the Defeadent Durabla Manaizcruring 8

«

Company,
MCKENNA, LONG & ALDRIDGE, 101 Caluomia Stree,

4 Fir, Sat Francisco, Calitonia 9611, opesented .
by TOM POESCHLE, Atomey 0 Law, apposted 9 counsel oa 2
teh ofthe Defendant ITT inte, ine 2

MONAMARA, NEY, DEATTY, SLATTERY @ PRALZER, LLP] 22

120 Newel Avenue, Sate estonia 2
94596, epresenad hy ORAORAS GUSTATSON, anamey st baw, | 19
anpeted as cous on behalf the Defendact Seng n

1S hid Systems, be =

26 MORGAN, LEWIS & BOCKIUS, Ove Miatct Pana, Spear | 26

17 Street Too, San Fracison, Cora 94345. apcseted D

Le by BEN SMITH, Atomey al ‘ i

15) coumse on Behl of Defendants Waray Corporation and e

20 Grinnelt Carperaton 2

21 FORKINS COM LLP, 186 Tounsend Stans, San be

22. Francs, Califor 94107, rezesented by MICHAEL bp

23. SANDGREN, Atorsy av Lins -ppeaedtclephorally (3

24 sounsel on teh the Defescan Georgia Pasi os

25 POND NORTH. S05 Montgomery Sueat os

rage 7
1 San Francisco, Califonia 94), epresete by BRYAN 2
PARKER, Atormey al Law, appeared telephonically as 2
‘counsel on behalf of the Defendant Familian Corporation, 3
a POOLE & SHAFFERY, 245 §, Figueroa Strcet, Suite ,4@
5 2520, Los Angeles, California 90071, epresented by LUIZA |S
6 MANUBLIAN, Ate) at Law, apeaedclphocly as js
‘counsel on behall of Defendant Gardner Denver, Ine. |?
© SEDGWICK, DETERT, MORAN & ARNOLD, One Market] 8
4 Plara, Steuart Tower, th Floor, San Francisco, Califor | s

2098105, represen by WILLIAM K, DISSELL, Attomey at Taw, | 10

21. appoured on behalf ofthe Defendant Sovo West Ine ju

12 SELMAN BREITMAN, [.1.P, 13 New Montgomery Street, | 12

13> 6th Floor, San Francisco, fornia 94165, represented by as

24 KHALED TAQLEDDIN, Asomey at Law, appeated as counsel oof 18

15. behalf of te Defendant Douglas Inston Company as

16 STEEFEL, LEVITT & WEISS, One Embarcadero Center, 16

27 40th Floor, San Francisco, California 941, represented vv

28 hy WILLIAM P. HAND, Atiomey at Lav, sppetred es counsel | 18

29 on behalf of he Defendant Westbume Supply. In 13

20. STEVENS. DRUMMOND & GIFEORD, 1910 Olympic Blvd, 20

21 Suite 250, Walnut Crock, California 94596, represented by

22, CONSTANCE S, NELSON, Atorney atm, appeared as counsel

23° on behalf of Defendant Domes Products, Texas LP.

24 VASQUEZ & ESTRADA, 914 Mission Aveave, 2nd Fla, |

23

San Rafeel, California 94901, ceresented ty ALEXIS RUDD, | 25.

Page 8

behalf of the

Attomes 2 Law, appesed as couse)
‘efenddant Hil Brothess Chemical Company.

WALSWORTH, FRANKLIN, BEVINS & MCCALL, $50
Mosagootery Street, 8 Ploer, San Feascises, California
S4LLL, eaprosented by ROCHELLE &. (LETO, Atornoy at Lav,
anpeacod 2s counsel ox behalf of the Defendant
Cleaver-Brvoks, RP. MacDonald Company and Thomas Dee
Engincerisg.

TOOKER & ANTZ REPORTING AND VIDEO SERVICES, 3
Sansame Sirext, Suite 788, Si Francizeo, California
24108, represented by Michael Santy.

Also Peesent Nesey Radaener

THE VIDEOGRAPH

‘Good morning, ladies and
gentlernen, We're on video record on Deventber 28, 2006,
and the time is 10:20 a.m

Tam Michael Santy, a notary publie for the
County of Contra Costa representing Tooker & Antz, 350
Sansome Street, Suite 700, San Francisco, California

94104. Telephone (415)392-0650,
‘This is beginning of tape 1, volume 1 in the case
of James Rodamer and Nancy Radamer versus A.W. Chesterto}
Company, eta. in the Superior Court of Califomia,
County of San Francisco, Unlimited Jurisdiction, case
number 06-456569, for the deposition of James Rodamer,
‘We are located at 3400 Farwell place, Fremant,
California. The deposition was noticed by atturneys for
the plaintiff and the videotape is produced by the
plaintiff
‘Would comnsel ploase identify themselves and
their cfients
MS, BERMAN: Martha Berman, and I represent the
Rodamers, James and Nancy Radamer.
MR. BISSBLL: Good morning, Mr. Rodamer. My name
is Willian Bissell. I represent Soco West, Incorporated.
MS. ELETO: Good moming, sir. My name is
Rochelle Hleto representing Thomas Dee Engineering,
Cleaver-Brooks and RF, MacDonald,

3 (Pages 6 toPage 30 Page 22
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Page 31 Page 33
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63
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6 MS. BERMAN: Q. Did you have any compressors ai
7 Raychem?
| @ A. Yeah, a large amount of the product that was
| 9. produced required air, so we had air compressors that
} 10. .would supply all of the facilities with air.
11 Q. Do you remember the brand names of any of the
12. compressors that you worked with?
213A. We had Gardner Denver and we had Joy air
14 compressors.
15 Q. Do you believe that you ever removed any of the
16 original gaskets on Gardner Denver compressors?
| 27 A. We did repairs on them as the need arised, When
| X6 we had a failure or something, we had to tear chem down
© and remove the flanges and the gaskets ane stut.
2¢ — Q, Do you believe that you removed the original
22. gaskets?
22 A. Yes, machines purchased. If'we took off when it
| 23° failed, we had the fix it, yeak.
24 Q. What tools would you use when you worked on
| 25. gaskets when you were at Raychem?

9 (Pages 30 to 33)Page 34 Page 36

1 MR. HAND: Vague, overbroad, calls for a
2. speculation. 2 |
3 THE WITNESS: Scrappers, putty knife, scraper, 3 ,
4 chisel, something sharp to get it off with. 4
5 MS. BERMAN: Q. Was that the typical toot thot 5
6 you used when you removed gaskets? 6
7 A. Asscrapper basically of some sort to remove that | 7
8 acd wire brush to clean it up, 8
9 Q. What cid the ait look fike when you used the 8
10. scrapper and the wite brush? ae
22 A, twas loose pieces flying around, dusty. un
12 Q. Did you ever wear a mask when you were doing 12 E
13. that? 33
1a AL No. M
as as
16 16
17 ay a7
18 18
33 18
20 20
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

~-000-~~

JAMES RCDAMER and NANCY RODAMER,

vs. NO. 06-456562

A.W. CHESTERTON COMPANY, et al.,

Defendants,

VIDEZOTAPED DEPOSITION OF JAMES RODAMER
Volume IfI, Pages 336-513
Wednesday, January 17, 2007

REPORTED BY:
GAIL C. HECK
CSR #5289

TOOKER & ANTZ
COURT REPORTING & VIDEO SERVICES
350 SANSOME STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
415.392.0650

3

&Page 337
EXAMINATION INDEX

DEPOSITION OF JAMES RODAMER (Coatianced)

NATION BY:

“eR MILANFAR,
MS SANDGKEY
NR TAQLEDDIN
MS. WILLIAMS
MS.FLETO
Ss YIM

MX ORANNIS
AX VLASAK
RON

EXHIBITS «
2. Radiology Report 34 “
3 porid 348 as
4 Honorable Discharge 348 wo
a8

a

e00ne 26

a

22

a

24

28

Page 338)

BE IT REMEMBERED that, pursuant to Notice of i
‘Taking Deposition, and on Wednesday, January 17, 2007, i
commencing atthe hour of 10:13 am, at the Residence 3
lon, $400 Farwell Place, Fremont, California, before me, fa
GAIL C, HECK, a Certified Shorthand Reporter in and for fos
tte Stale of California, personally appeared

JAMES RODAMER,
called as a.witness by the Defendants, and the ssid

‘witness, being by me previously duly sworn, was thereupon
examined and testified as hereinatir set forth 1
APPEARANCES n
LEVIN, SIMES, KAISER & GORNICK, 44 Montgomery | 12
36th Floor, San Francisco, California 94104, po.
represented by MARTHA AH. BERMAN, Aromey al Law, | 14

appeared as counsel on behall of Plaintiffs
BASSI MARTINI, EDLIN & BLUM, 351 California

Street, Suite 200, San Francisco, California 94104, [x
represented by ANTONIO GARCIA, Attorney at Law, appeared | 18
telephonically as counsel on behalf of the Defendant J.T x
Trompe & Son, Ine. 20

BECHERER, KANNETT & SCHWEITZER, 2200 Powell | 23
Steet, Suite 805, Emeryville, California 94608, 2

tepeesented by SHAHRAD MILANEAR, Attorney at Lav, appearia
‘a5 counsel on behalf of the Defendants Intemational Paper
‘Company and Lydall, Ine. Ls

@ copmeseniog by JEFFREY THAYER, Attorney
© as counsel an behalf o! soe Defend:

BRYDON, HUGO & PARKER, 135 Maia St
Floor, San Francisco, California 94105. sepresented by
STEVEN EGLER, Atomey at Law, appeared telephe
coansel on behalf ofthe Defendant inion C
Corporation and Foster Wheeler i

CARROLL, BURDICK & MCDONOUGH, 44 Montgomery |
Steeet, Suite 400, oraia 94104 i
Saw, sppeared
seven Baraps

CROSBY & ROWELL, 209 Yhirg Street, 2nd Floor,
Oakland, California 92607, epresected by MARK
WENCIECHOWSKE, Attorey at fa, appeared telephonically
cogotel on behalf of Defensdans Gookés Pompe

GLASPY & GLASPY, 100 Pringle Avenue, Suite 750,
Walnut Creek, California 94596, represented by JAMES
PRICHASON, Attomey af Law, appeared on behaif of the
Defendant Fairbanks Morris Pump Company anil Garlock
Sealing Technologies, LLC

GORDON & REES, 275 Battery Steet, 20h Ficor,

an Fransisco, Califomia S411, represented by GEORGE
IRWIN, Atomey al Law, eppeate as ezunsel on behalf of
the Defendant Goodyear Tire & Rubber Company and Leslie
Controls.

HASSARD, BONNINGTON LLP, Two Embarcadero C
Site 1300, San Francisco, Califorsa 94111, represented

Page 346
by JEFFREY A. HURWITZ, Attorney at Law, appeared 3
counsel on behalf of tie Defendant Kaiser Gypsum Company.

HOWARD, ROME, MARTIN & RIDLEY, 1775 Woodside
Road, Suite 200, Redwood City, California 94061,
represented by CRAIG W. CHING, Atlomey at Law, appeared
as counsel on behalf uf the Defendant IMO Industries, Inc

IMAL TADLOCK, KEENFY & CORDERY, 100 Bush Stree
Suite 1309, San Francisco, California 94104, represented
hy TENA YIM, Attorney at Law, appzaral on eka of the
Defendant Fliit Comzeny.

JACKSON & WALLACE, §5 traneiseo Suet, Suite
609, San Franciseo, Califomia 94133. eepreseated by
‘COURTNEY KING, Atlomey at Ise, appeared telephonically as
counsel o9 behalf ofthe Defendant Rufio Pumps.

KIRKPATRICK, LOCKHART, NICHOLSON & GRAHAM, Four
Embarcadero Center, Sth Floor, San Francisco, California |
‘94111, repcesented by MONICA WILLIAMS, Attomey at Law,
appeared as counsel on behalf of Defendant Crane Co.

KNOX RICKSEN, 1300 Clay Street, Suite 50
Oakland, Calfomia 94512, represented by RYAN VLASAK, |
Altomey at Law, appeazed telephonically as counsel on
behalf of Defendant Allis Chalmers Corporation Produet
Lisbility Trust

LAW OFFICES OF LUCINDA STORM, 6104 3rd Street,
San Francisco, Caifecnia 94107, represented by ANTALL

2 (Pages 337 to 340)2
8
‘
6
2

Page
NAGPAL, Autoiney a! Law, appeared as counse! oa behalf of
ths Defendant Ducabla Manufactoring Compuiy.

MCKENNA, LONG & ALORIDOE, 104 California Sees,
4lst Floor, San Prancovo, California 92111, eepeesented
bby TOM POESCHL, Anomney 2: Law, appoared as counsel on
Debalf ofthe Defendant ITT Enduetsie, Ine

MCNAMARA, DODGE, MEY, BRATTY, SLATTERY, PEALZE
BORGES & BROTHERS, 1251 sowell Avemue, Suite 202, Welt
Crook, Califor 94596, represented by BRIAN HORWITZ,
Attorney st Law, sppeared as eovesel on behalf ofthe
Ticfendsot Sterling Plaid Systees, LLC.

MORGAN, LEWIS & BOCKIUS, One Market Plaza, Spear
Steet Tower, Sax Francisco, Californin 9411, xopresented
bby MEGAN ROSICHAN, Attorney a Lave, sppoared
(ctophonicaly as counsel on behalf of Defendants Varway
Comporation and Grinnell Corpocaton,

PERKINS COIE LLP, Four Fmbarcadera Comer, Suite
2400, Sao Francieso, California 35111, repretonted by
MICHAEL SANDGREN, Attroey at Law, appeared telephonically
as counsel on behelf cf the Defendant Georgi Pacific.

POND NORTH, 505 Morsgomnery Steet, 33th Floor,
San Francisco, Cafifarnia 94121. zepresented ty RICHARD.
CHON, Atomey 0 Law, appeased lelephonically 36 eonnset
‘on bchalf ef the Desendant Parse Corporation,

POOLE & SHAFFERY, 445 5, Figueroa Stel, Suite

Page 342
2520, Los Angeles, California 90071, represented by JOHN
GRANNIS, Attomey at Lave, appeared telephonically as
Counsel on behalf of Defendent Gardner Denver, tne.

SEDGWICK, DETERT, MORAN & ARNOLD, One Market
Phvva, Steuart Tower, 8th Flocr, San Francisco, Califomia
94105, represented by CHARLES MURRIN, Atlomey at Law, and
WILLIAM BISSELL, Atlomey ai Law, appeared on behalf of
the Defendant Soco West, Inc.

SELMAN BREITMAN, LLP, 33 New Montgomery Siret,
6th Floor, San Francisco, California 94105, represented by |
KHALED TAQI-RDDIN, Atiomey at Law, appeazed as counsel 0
bbchalf of the Defendant Douglass Insulation Company.

STEEFEL, LEVITT & WEISS, One Embarcadero Cenier, |
30th Floor, San Francisco, California 9411 1, represented |
by LINDA VOTAW, Atamey at Law, appcared as counsel an |
behalf of the Defendant Westburne Supply, Inc. |

VASQUEZ & ESTRADA, 1000 4th Street, Suite 700, |
Son Rafael, California 94901, represented by TIMOTHY |
BARTEAU, Attomey at Law, appeared as counsel on behalf of
the Defendant Hill Brothers Chemical Company,

WALSWORTH, FRANKLIN, BEVINS & MCCALL, 55
Montgomery Street, 8th Floor, San Francisco, California,

94111, represented by ROCHELLE R. ILETO, Attomey at Law,
appeared as eaunsel on behalf of the Defendant
Cleaver-Braoks, K.F. MacDonald Company and Thomas Dec

2 Engineeriog :
2 TOOKER & ANTZ REPORTING AND VIDEO SERVICES, 35!

2 Sansome Steet, Sute 700, Sua Francisco, California
4 94104, ceprosented by Dan DeFrank.

5
«

Alps Present: Neney Rodamr

Page 344

THE VIDEOGRAPHER: Ladies and gentlemen, we're
‘on video record on January £7. 2007. The time is 10:13.
This i the beginning of tape 1, volume 3 in the case of
Jemes Rodamer and Nancy Rodamer versus A.W. Chesterton
etal. for the deposition of Fames Rodamer. All aspects
as indicated on tape 1, volume 5
Counsel may proceed
EXAMINATION BY MS. VOTAW
MS. VOTAW: Q. Good moming, Mr. Rodamer. My
name is Linda Votaw. Tam with the firm of Steefet,
Levitt & Weiss
Before we move on to questioning this morning, I
‘want to just clear up a couple things from yesterday's
deposition,
understand that you were asked to produce some
documents
AY:
Q And that you produced those documents today
A. Yes.
MS. VOTAW: I'm going to ask the court reporter
to mark as Exhibit 2 to the deposition a document which is
dated 1/8/2007, timo 10:42:46 a.m., which appears to be a
teport from a CT scan that was done.
(Defendants! Exhibit Ne. 2 |

nan the seme,

marked for identification.)

3 (Pages 341 to 344)aaweune

ee

Page 473

Q. Aad when you opened
have to disturb any gaskets?
A. Well, itcertainty had a gasket 0!
bad to -- we had to open a gas
©. Where was that gasket located?
A. When you unboit it, the thing -- to take it
apart, it was between the two flanges, heteween the two
surfaces,
Q. Was the flange actually attached to the ait
compressor?
A. Yes.

the compressor, did you

Page 474

Page 4/6an

Q. How do you know there was a Gardner Denver air
compressor on that site?
A. We bought pasts for Gardner Denver,

Ee

kage 49

ge a

MR. GRANNIS: Q. Were any new air compressors
installed at the Mento Pask facility?

A. Yes.

Q And do you recall the manufacturers of any of

those air compressors?
40 (Pages 489 to 492)Page 493

2A, We used Joy air compressors in that area. 4 Q Sothe state of your memory today is you recall
2 Q. How many? 2. buying Gardner Denver alr compressor parts, but you don't
3A. Lwvould say that there was two to four air 3 recall when of where eny Gardner Denver air compressors |
4 compressors fom: Soy in that location, 4. were located in Redwood City; is that right?
5 Q, Allright, And were there air compressors © MS. BERMAN: Objection, Argumentative,
6 manufactured by any other company there besides Joy? € 48 WETNESS: That's corcect.
7 A. Notthat fm aware of. 2
8 e :
8 8
20 40
a ak
32 a3
3 8
4 44 :
35 a8
36 36
27 a7
38 [ae
19 lw f
20 20
a1 an
22 22
23 Q. Youde recall Gardner Denver ~ one of more 23
24 Gardoor Denver sit compressors being on site at Redwood | 24
25. Citys is that right? 25 — Q. Okay, Do you know whether or not those parts
Bage 434] rage ¢
2A. Yes | 2 included gaskets?
2 - 2 A. Gaskets were required. So not having ordered the
3 | 3 parts, I would assume we bought everything we could buy to.
4 | 4 do that repair.
5 bs |
6 \6.
7 | 1
8 8
9 lo
10 bio |
al ba |
12 Q. Asyou sit here taday, what is it that you pu |
13 remeruber that -- ou which you base your testimony that 13 « |
14 there was a Gardner Denver sir compressor on site atthe | 14
15. Redwood City plan” 3S
26 A. We had to buy parts is
uv bao
18 jis
18 19
20 204
aii gan
22 | 22
23 23
24 24 |
25 25

41 (Pages 493 to 496)Page 646 /
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SAN FRANCISCO

--900~-~

JAMES RODAMER and NANCY RQDAMER,
Plaintiffs,

vs. NO. 06-456569

A.W, CHESTERTON COMPANY, al.,

Defendants.

VIDEOTAPED DEPOSITION OF JAMES RODAMER
Volume Vv, Pages 646-771
Tuesday, January 30, 2007

REPORTED BY:
GAIL C. HECK
CSR #5289

TOOKER & ANTZ
COURT REPORTING & VIDEO SERVICES
350 SANSOME STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
415.392.0650Page 647
: EXAMINATION INDEX 2 BRYDON, HUGO & PARKER, (35 Main Street, 200h
* Derosiminn OF SABES RODAMER (Comin) 2 Floor, Sau Frenciseo, California 9470S, represented by ;
> cation 3 ROBERT CRANE, Anomey at Law, appeared ascoussel en
Z gaygamocey tae 2 Roney Can ato ow area oe
Bee. “AR 2 Fo hi
Ma HILANFAR i & CARROLL, BURDICK & MCDONOUGH, 44 Manigomery
* ae 7 Street, Suite 400, San Francisco, California 94104,
2 MS SCHWARTZ, 6 represeuted by JEFFREY THAYER,
| SEEN 4-8 eounie on behalf ihe Beendant Wanen Pumas.
MR BOICIECHONSK: ne CROSBY & ROWELL, 299 Third Street, 2nd Floor,
so MR WAAR 25 Oakland, Cafomia 94607, represented by MARK
a oMsyay 43 WOICLECHOWSKI, Aitorncy w Law, speared as counsel on
i Meise. > thal of Defendants Goulds Pues,
4 GLASPY & GLASPY, 100 Pringle avenue, Suite 750,
» <5 Walow Creek, California $4596, repescrted by ANDREA
36 MG NEMATOLLART 4 SCHWAKI7, Aorey at Law, appoased on behalf of the :
as ME NOANG 47 Defendant Fairbanks Moris Pump Cososany and Gartneke
XS BERMAN 38. Scaling Technologies. LLC.
S 39 GORDON & REES, 275 Battery Stroet, 20th Floor,
x exerts 20 San Francisco, Califor
so eunners manxes 24 STAHL EY, Atlomey at Law, appeared as counsel on behalf of
2 22. the Defendant Goodyear tie & Rubber Company and Leslie
zn 23. Controls
2 24 HASSARD, HONNINGTONLLA,
3 28 Suite 1800, San Francisco, Califomia 94111, represented
Page 648
1 BEIT REMEMBERED that, pursuant Notice of 1 by JEFFREY A, HURWITZ, Atomey at Low, appear as
2 Taking Deposition, and on Tuesday, January 20, 2007, counse! on bebalf ofthe Defendant Ksiser Gypsum Company.
3. commencing at the hour of 10:10 am. atthe Residence | 2 HOWARD, ROME, MARTIN & RID
4 Inn, $400 Farell Pace, Fremont, Califomia, before me, | 5 Rox Suite 20, Redvd Ci, Califor 946 |
5 GAIL C, HECK, n Cenifed Shorthand Reporter in and for |$_represenled by KENNETII HOANG, Attorney at Law, appeared as
6 the State of California, personally appeared || 5 elephonssaliy 28 counsel on behalf ofthe Defendant IMO
7 JAMES RODAMER, | Industries, Ine,
8 called asa witness by the Defendants, and the said |» IMAL TADLOCK, KEENEY & CORDERY, 100 Bush Stet,
2 witness, being by me previously duly sworn, was thereupon |» Suite 1300, San Francisca, California 94104, represented |
16 examined and testified as hercinaftr set forth 19 by TINA YIM, Adorney at Lae, appears telepnoriealy ow
a APPEARANCES | LL behalf ofthe Vefendamt thot Company
12 LEVIN, SIMES, KAISER & GORNICK, 44 Monigomen) | :2 JACKSON & WALLACE, 55 Francisen tex, Sw
13 Steet, 36th Floor, Sex Francisca, California 94104, 5 600, Sem Francisco, Califorria 94153, represented by RANDA
14 represented by MARTHA AH, BERMAN, Attorney at Law, | 14 LINTZ, Allorney al Law, appeared as cazasel a behsl€ af
15- appeared as counsel on behalf of Plait, 1 the Defendant Buffalo Pugs. |
16 BASSI, MARTINI, EDLIN & BLUM, 351 California 16 KIRKPATRICK, LOCKKVARI, NICHOLSON & CRAMAM, Fou |
17 Sweet, Suite 200, San Francisco, California 94104, 17 Embarcadero Center, 1h Floor, San Francisca, Califomia
18 represented by ANTONIO GARCIA, Attorney at Law, appeared | 19 94111, represented by STACEY LEE, ARorey at Lave
19 telephonically as couasel on behal ofthe Defeadant J.T 12 appeared as counsel on behalf of Defendaot Crane Co
20 Thame & Son, nv. |p KNOX RICKSEN, 1300 Clay Stet, Sui
21 BECHERER, KANNETT & SCHWEITZER, 2200 Powell | 21. Oakland, California 94612, represented by RYAN VLASAK,
22. Steet, Suite 805, Emeryville, California 94608, 22. Attorney at Law; appeared as counsel on behalfof
23. represented by SHAHRAD MILANFAR, Attorney at Law, appearyé 22 Defendant Allis-Chulmers Corporation Product Li
24 as counsel on behalf of the Defendants International Papet 24 Tass
as s

Pago 649

somey st Law, appeared

|

ia 94111, represented by BETHANY

‘Two Embarcadero Center

Page 6

1775 Woodside

500,

silty

Coeapsny and Lydall, Ine.

MCKENNA, LONG & ALDRIDGE, 101 Carlifornia Street,

2 (Pages 647 to 650)Page 652
Ast Fioor, San Francisco, Calfaexis 94111, presented
by TOM POESCHL, Anomey ai Lav, appeared ue cnet on
behalf the Defendant TT Imiowries, Ine,

MONAMARA. DODGE, NEY, BEATTY, SLATTERY, PRALZ!
BORGES BROTHERS, 1211 Nowell Avorus, Suite 202, Wabat
Creek, Californie 94596, represented by DEROKAH GUSTAFSC:
Auorsey at Lew, appeared as counsel on behalf uf the
Defendant Secting Phutd Systeres,L

MORGAN, LEWIS de BOCKRUS, One Market Plaza, Spear
‘Sect ower, San Francisco, Californie 94111, represented
by BENFAMIN SMITH, Atiorsey at Law, eppsared
lelephionicaly as counsel on behalf of Defendants Varway
Corporation and Grisnell Corpseation,

PERKINS COIBLLP, Fow Embarcadero
2400, San Francisco, Californie S441 1, represented by
MICHAEL SANDGREN, Attomey at Law, appeared as counsel
beltalf of dhe Defendant Georgia Fac

POND NORTH, 505 Monignsmery Sweet, (3h Floor,

‘San Fraacisco, Californin 94111, eprosonted oe RICHARD
CHON, Atamney ct Lew, appesrod telephonically as counset
on behalf of te Defendant Farian Corporation,

POOLE & SHAFFERY, 445 8, Figueros Sent, Suite
2520, Las Angeles, Califnia 20071, repeesnated by ARASH.
NEMATOLLAHI, Astoraey at Lav, appeseed telephonically as
‘counsel on behalf of Defendant Gardner Deavar, [ne

ster, Suite

PRINDLE, DECKER & AMARO, 369 Pine Street,
800, San Francisco, California $4104, cepesented by
THOMAS NOLAN, Attorney at Law, appeared as counselon |
‘behalf of the Defendant A.W. Chasteton. |
SEDGWICK, DETERT, MORAN & ARNOLD, One Market | «
Plaza, Steuart Tower, 8th Floor. San Franciovo, California
94105, represented by WILLIAM BISSELL, Attorney at Law, >
appeared on behalf of the Defendant Soeo Wea, Inc 3
STEEFEL, LEVITT & WEISS, One Embarcadero Center, |g
30th Flocr, San Francisov, California 9411 represented ha
ty LINDA VOTAW, Adtumey at Law, appeared as counsel oa |
behalf ofthe Defendant Westburse Supply, Inc
WALSWORTH, FRANKLIN, BEVINS & MCCALL, $50
Montgomery Street, 8th Floor, Sen Francisco, California |
94111, represented by DANIEL A. HEGWER, Attorney at Law,
appeared as counsel on behalf ofthe Defendent
(Cheaver-Brooks, RF. MseDonalé Company sal Thomas Dee a7
Engineering. 18
TOOKER & ANTZ REPORTING AND VIDEO SERVICES, 350 19
Sansome Street, Suite 700, San Francisco, Caifarnia | 20
94104, represeated by Dan DeFrank. 2a
Also Preseot: Nancy Rodamer. 22
2B
[24
[2s

THE VIDEOGRAPHER: Ladies and gentlemen, we're
video record on January 30, 2007, The time is 10:10,
‘This is the beginning of tape 1 of valume 5 in the case of
James Rodarner and Nancy Rodamaer versus A.W, Cheste
‘Company, et al. for the deposition of James Rodamer. AU
aspects as indicated on tape 1, volume | remain the same.

‘Counsel may proceed.

FURTHER EXAMINATION BY MS. VOTAW:

MS. VOTAW: Q. Good morning, Me, Redamer.

A. Good morning,

Q, It's been a few days since we were last here.

Have you changed your medications at all since the last
time we met?

AL Na,

Q, Deo you feel okay t0 go forward with your E
deposition this morning? I

A. Yes, 1do.

Q. I think we had finished Raychem, There may be a
‘ew more follow-up questtons, but before we get to that,
in reviewing the earlier deposition transcript, €
Aiscovered that there was another company you mentioned
satly on called, I believe, Rayclad Tubing.

A. Rayclad Tubing is 2 division of Raychem

Q. Have we discussed, in the course of discinsing
your work at Raychem, ail of the equipment and products

Page 654

you worked around when you were working with Raycla|
Tubing?
A. Yes, we have.
Q. Were thene any buildings associated with Rayclad
‘Tubing other than those we already discussed?
A. Rayclad Tubing was in building A in Mento Park,
so we already covered all of it
Q. Allright. T wanted then to tum to -- early on
in your deposition and before I got here, you mentioned
thal you had had some conversations with a couple of
people who were former coworkers. The first was an
individual named Jim Taplin. Do remember that?
Yes.
‘When did you last talk to Jim Taplin?
On January 23rd, I believe, of this year
Did Mr. Taplin work with you at Raychem?
Yes, he did.
What was his job title?
He was a maintenance mechanic and a leadman.
When ~ approximately, what year did he start
working with you?
A. Mid ‘60s I would say
Was he still working ar Raychem when you left?
A. Yes.
Q Where does he work now?

DPOPOrPOP

3 (Pages 651 to 654)Page 731 Sage 735
1 a
2 2
3 3
4 4
5 a
6 8 i
7 7
8 2 Q And you recall working on both Gardner Denver
a 9 compressors?
10 ag A. Could you repeat that, please,
n 22 Q. Do you recsil sorking on any Gardner Dewver and]
32 22 Joy compressors?
1 A, Yes e
a4 b
Ww
aa
5} 20
aa
22
23
2a :
2°
Page 732
1 1
2 2
3 3
4 4
5 5
6 5 — Q And did you remove ~ and you also stated that
7 | 7 you removed gaskets on the Gardner Denver and Joy
fe 8 compressors; is that correct, sir?
3 too A. That's correct.
io 40
ai a
12 wr
a3 3 fs
ua 1s
15 jas
16 16
uv 7
18 ae
19 fas
20 20 |
21 21
22 22
23 4} 23
24 24
25 L238

23 (Pages 731 to 734)as
2
3
4
s
5
2
8
2
0

Page 735

Q. And de you remember sposifically what kind of

‘work yau performed an the Giardier Denver compressors?
MS, BERMAN: It's vague,

‘THE WITNESS: Whatever the problem was, we would
lear it down and try to repair ft

a
3
4
6
6
7
8
2

Page 737 |Page 739

24. them, you had to use a putty knife and sorapper; is that
25 comect?

MR. NEMATOLLAHI: Q. You said when you 1

Page

n
48 Q, Was there ever atime whe
29 that was wet or covered in it?
20° A, Edon't recall,

Q. Was there ever a time when you removed a gasket
and it didn't require 2 wire brush or power wire brush?

A. Yes, itwas kind of slandard that you brushed off
the surface with a wite brush,

‘you removed a gasket

Page 740 tage 742
1A. Yes. fa
2 Q. Was thal the same procedure every rime you [2 |
2 removed the gaskets on the condensers? boa |
4 A. Pretty much so, yes. 4 k
SQ. Was there ever a time where you only used a 5
6 ls
7 {7
8 | 6
2 la
wo | a0
a jaa
12 i 12
13 ; 13 |
4 a4
1s as :
16 16
ly lar |
1a Fie
19 19
20 20
aL 2
22 | 22
23 23
24 | 2a
25 | 25 |
25 (Pages 739 to 742)Page 743

. And do you remember with the Gardner Leaver
compressors were used for?

A. Supplying air.

Q. Anything — any particular parts of the facility
‘or any specific machine?

A. There was air atall of the processing equipment
usually, and they used air sometimes for making the
product and sometimes for just cleanup or whatever.

Q. So the same for Joy compressors, correct?

A, Yes, that’s correct.

eR sane wne

ROSES

NY eee

Page 744

26

43 to 746)

(PagesEXHIBIT BPage i
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
(UNLIMITED JURISDICTION)

~-000-~

AMES RODAMER AND NANCY

vs. No, 06-456569
A.W. CHESTERTON COMPANY, et al.

Defendants.

VIDEOTAPED DEPOSITION OF FRANK GUTIERREZ
Friday, March 30, 2007

Milpitas, California

Reported by:
CHERYL WILDER, CSR #7805

TOOKER & ANTZ
COURT REPORTING AND VIDEO SERVICES
350 SANSOME STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
Phone (415) 392-0650 Fax (415) 392-3897au
2 Exhibit No.

3

4
5

6

oot

ansmanions

cra RY WO
ON BY MER A AOE,

DABS ATORESE RS, YOTANE

MATION BY 985.8%

ere THANK

MINATION BY MS, BAYT

ERATION 6 965, LERO
RATION BY a, Bae

SHARON BR ROS

ARO BERR THACKE
ATION ov ER We
SANATION BRE. Ki

ANAC BYE

HINA TION BY 88 VORAY

page 2

EXHIBITS MARKED FOR IDENTIFICATION
Description Page

‘Notice of Taking Videotaped Deposition of

Frank Gutierrez .... - 12

CERTIFIED QUESTIONS

(None)

a
3

© pemsnally appeared

24

1. GATES ELLIS LLP, $5 Second Street, Suite 1700, San

BE IT REMEMBERED thet
commencing at the bow of 10:08 an. thereof, at the
Residsnce Inn, [SU8 California Circle, Milpitas,
(Colitornia, before me. CHERYL. WILDER, Certified
Shorthand Reporte: ¥o. 7805, Ste of California, tty
authorized to adminiswr oaths purseant to Section
2093(0) of the California Code of Civil Procedure,

Friday, March 3

PRANK GUT
called az a witness by the Plaint ft ane the said
‘witsoss, being by me first duly sworn, was thereupon
‘examined and tastifed as hereinafter set forth,

SIMES KAISER & GORNICK 112,
4, 36th Floor, San Francisco,

44 Montgomery
Citron 94104,
‘atLaw, appeared
LAIW OFFICES OF HASSARD BONNINGTD LLP,
Treo Embarcadero © 18, San Francises,
‘California 94111, repeesented by Tim Ameson, Aitocoey
3! Law, appoursd wy sonsel on beualf of the Defeedant
Keizer Gypsum Co.
LAW OFFICES OF MCKE
101 California Street. 4st Floe:

ter, Suite 38

1G & ALORIDGE, LU,

(California 9411, represented by Anne M. Payne, Anorney
‘et Law, appeared ss counse! on behalf of the Detendant
FIT Corporation, Inc. ka JTT Industries, Inc

LAW OFFICES OF PRINDLE, DECKER & AMARO, 369 Ping
‘Stet, Suite A00, San Francisco, California 94104,
represented by Jane Blumberg, Atomey at Law, appeared
as counsel on behalf ofthe Defendants A.W. Chesterton
‘Company, Henry Vogt Machine Company, and McMaster
Supply,

LAW OFFICES OF KIRKPATRICK & LOCKIIART PRESTON

‘rr

Francisco, California 94105, represented by Brendan J
‘Tuohy, Attorney at Law, appeared as counsel on behalf of
the Defendant Crane Co,

LAW OFFICES OF POOLS & SHAFTERY, LLP, 445 South
Figueroa Street, Suive 2520, Los Angeles, California
90071, represented by Brian R. Tinkham, Atiomney a Law,
appeared as counse: on behalf ofthe Defendant Gardner
Denver, Inc

LAW OFFICES OF WALSWORTIL FRANKLIN, BEVINS &
McCALL, LLP, 601 Montgomery Street, 9th Floor,
San Francisco, California 94111, repwesented hy
Rochelle R, Het, Attorney at Las, appeared as counsel
‘0a behalf of the Defendants Cleaver-Brooks, Ine. and
RLF. MacDonald Co.

2

(Pagesspewed as xoonsel oa
Contels, Ins.

LAW OFFICES OF Mobs
SLATTERY, PPALZER & SORGES LLP, |

Suite 202, Walnut Crock, California 94596, represented
by Patrick L. Moore, Attorsey at Law, appeared as
counsel oa behalf of he Deferalant Sterling Fluid i
Systems USA} 14.

1.AW OFFICES OF €.

44 Momrgomery, Suite 400,

aleormia 94108, ropeesemins by Amy Tal
ata, appeered 0
Gril Compara

LAW OFFICES OF SELMAN & BREIFMAN, LLP,
33. Now Montgomery Stees,
California M4105, reproseniod by Janice W. Mes, Adtomey |
bobalf of tw Defendants

oor, 8

at Las, appeared as counse! 0

Ray L. Hellwig Plumbing 2 Heating, Inc, and Doug
Insulation Company, Inc.
LAW OFFICES OF STREFEL, LEVITT & WEISS,

On
(California 94111, represented ky Li

sbareaufero Center, 30th Figor, San Francisco,
fe Votaw, Attorney

© at Law, appeared as counsel on behalf othe Defendant

‘Westburme Supply. Ine,
LAW OFFICES OF BECHERER, KANNETT & SCHWEITZER,
2200 Powell Stret, Suite 805, Emeryville, California
‘94608, cepresented by Shabrad Milanfor, Attorney at Law,
appeared a counsel on behalf ofthe Defendants
International Payer Co, al I ydall, Tux
LAW OFFICES OF HOWARD, ROME, MARTIN & RIDLEY,
1775 Woodside Road, Suite 200, Redwec City, Calsfomia
94061, represented by Bokhie R. Dailey, Atorney at Law,
appeared as counsel on behall ofthe Defendant IMO
Industries, Inc.

APPEARANCES (via teleconference):
LAW OFFICES OF JACKSON & WALLACE, LLP,
55 Franciseo Street, 6th Floor, San Francisco,
Califonis 94133, represented by Todd ‘Thacker, Attorney
at Law, appeared 2s counsel on behalf of the: Defendant
Buffalo Pumps, Ine.
LAW OFFICES OF BASSI, MARTINI, EDLIN & BLUM, LLP,

RROLL, BURDICK & McBONOUGH LUE, 22

1, Sutte 200, 8
2 California 94104, represented by Rebecca Kimara,

3. Attooney at Jaw, sppeated as counsel on bebalf of the
4% Delendant 5 Thorpe & Son, ine.

5 LAW OFFICES OF KNOX RICKSEI
4 Street, Suite $06, Oakland, Califomia 94612,

7 represented by Roger Yuen, Attorscy at Law, appeared as
# counsel on behalf of the Defendant Ailis-Chskeers

9 Corporation Product Liability Trust,
26 LAW OFFICES OF BRYDON HUGO @ F
Street, 20th Floor, San Francisca, California 241
represeated by Greg Ross, Atamey at Law, sp2eared as
on behalf of the Defendant Foster Wheeler, LLC
LAW OFFICES OF LUCINDA STORM, 610A Third Steet,
San Francisco, California 94107, represented by Lynn
Hollenbeck, Atlumey af Lavy, appeared as eazoast on
17 behalf ofthe Defendant Combla Manafact
® ALSO PRESENT: Larry Hunt. videographe:
~000~

P, 1300 Cl

RKER, 135 Mal

ne Company

a THE VIDEOGRAPHER: Good moming, ladies and

2 gentlemen. We are on video record on March 30th, 2007.

3. The time is 10:05 am. Tam Larry Hunt, representing

4 Tooker & Antz, 350 Sansome Street, Suite 700,

5. San Francisco, California 94104, (415) 392-0650. This

6 is the beginning of Tape 1, Volume |, in the case of

7 James Rodamer and Nancy Rodamer versus A.W.

8 Chesterton ==

3 MS. KIMURA: This is Rebecca Kimura, 1
10. couldn't hear any of that.
n MR. WORSEY: Its just the video being read
a2
13
as
as
16
vv
18
18
20
a
23
2a
25

in,

THE VIDEOGRAPFIER: ~ versus A.W. Chestertor
‘Company, et al. in the Superior Court of California.
County of San Francisea, Case No. 06456569, for the
deposition of Frank Gutierrez. We are located at the
Residence Inn, 1501 California Circle, Milpitas,
California. The deposition was noticed by attomeys for
the plaintiff and the videotape is produced by
plaintiff,

Counsels, would you please identify yourselves
and your clicnts,

MR. WORSEY: Sean Worsey at Levin Simes
Kaiser & Gomick on bebalf of James Rodamer and Nancy
Rodamer.

3 (Pages 6 to 9}2
3
4
6

wea

BGR BSS

Page 212

Page 213

EXAMINATION BY MR. TINKHAM.
Q. Good afternoan, sir
A. Good afternoon
Q. Hepresent — my name is Brian Tinkham and as
I introduced myself before, I represent a company called
Gardner Denver, Ino
‘And earlier today you stated that yon saw 2
‘Gardner Denver air compressor, is that correct?
A. Yes.
Q. Did you ever see Mr. Redamer work on this
‘Gardner Denver air compressor?
A. No
Q. Did you ever see anyone work -- did you
ever~ strike that
Did you ever see anyone work around — work on |
this Gardner Denver air compressor around Mr. Rodamer?)
AL Ne.
Q. Okay, Six, you also mentioned Joy air
compressors
A. Yeah.

54 (Pages 210 to 213)Fage 214 Page 216 |
Q. ~as being at Raychem, but you didn't

2 specifically say where those Joy air compressors were
3 lovated, You kind of gave a vague recollection of |
4 ‘68, which, based on your testimony, could either be
5 while you were working at the hydraulic plant, the
6 hydeautio section, for the first six eaunths or the

7 seound six manths. Do yau remember where yous saw the
8 Joy afr conpcessors, if you saw cher at all?

9 AL fn Building 3.

Building 3.
And thet would be atthe ~

Oakside and Northside.

Gakside and Northside?

Oakside and Northside,

Do you reamember haw matty?

There was two.

Two.

250 base, recipmocating,

250 fusrse, reciprocating.
Were they identical?

‘One was older than the other one,

‘And haw did you know that they were Joy air
peessors?

24 A. They got them big logo on there
25 __Q._ What did the logo ~ did it rozd Joy?

wee

Page 219
A. Soy.

1
3
4

55 (Pages 214 to 217)Rage 218) Page 220

1 bas °

2 Le

3 3

4 ba

5 @ Doyou remember what did you do aay work of 5

6 the Joy ~ on this ~ on those two Soy air compressors? | 6

7A. While Jim was there? FQ. Okay, Did you ever remember doing any gask
8 — Q. No, Did you ever do any work? 8 ose air compressors?

9 A Yes ‘We had to change the gaskers every time
20 Q. What exuetly did you do? | 10 we did any work,

21 A. Tore it apartand rebuilt it a i
12 Q. Bytearing it apart, do you have a 12

3 recollection of what you were doing at that time? 3

24 AL Atthat tine? 4 t
25 Q Did you take ~ what pars did you take 15

‘A. Took the heads off, the body off, removed the | 16
piston, changed the oil, she filters.

Q. Do you remember why you did that?

A. Because it wore out

Was Mi
you have to fix the - when did you have to fix that Joy
ait compressor?

A. Well, we fixed a lot of them for a long tine.
Not sehile Mr. Redamer was around.
So the whole time you worked on those Foy air

A. Ife had the right size, we
recut from the manufacturer, Tfnot, we precut — we
cut.

Q. By "manufacturer," that would be you used

compressors Mr. Radamer was not around?
A. No. He might have worked on them hefnre, but |
not thal [recollect

1 Garlock, right, gaskets?

2 A. Either Garlock or Joy. They had their own.

3 Q. How do you know they were Joy gaskets?

4 A. Because we got them from them:

5 Q. Sometimes you said you had ty cut the gaskets.

6 Can you describe the pasket cutting process? Sometinnes|

T they didn't come in shape; right?

8A. Right.

| 9 — Q Can you describe the gasket cutting process?

| 10 A. Wehad a gasket cutter for cutting the outside

| aa and the inside, which were in, you know, from 11 inside
12 10 15 or 15 anda half on the outside, And then we

113. would have to punch the holes out.

14 Q. Da you remember how long that would take?
15 A. Haifanhour, 45 minutes,

16 Q. Toseplace the gaskets?

17 A. C'msory?

18 Q. Tojust cut the gaskets themselves; right?

19 AL Yes.

20 Q Okay. Do you remember how long it would take

2% youto do the whole process that you described for
| 22. tearing down the, the air compressors?
{23 ‘A. Te tear them down --

24 Q Yeah.
| 25 A. —and put them back together? |

56 (Pages 218 to 221)22 to 225)

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Do you recall -- do you recall ever seeing
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‘No, not that I recall, no.
Who was working on that Gardner Denver?
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The Joy air compressor?

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there, 8. And [ can't recall their names,

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that Joy air compressor?

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58 (Pages 226 to 229)OR ww be

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Page 251

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Q. Did you recall removing any original gaskets?

A. Yeah.

Page 252

64 (Pages 250 to 253)Boovaueunn

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1A change the gaskets, put in new ones, And we usually had
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Q Can you describe the process of changing the

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Page 286

the valve cover off, pull the valve,

eady put together so they just

65 (Pages 254 to 257)